Legal Question in Employment Law in California
I was fired from my last job for conflict of interest. Im a dental lab tech and had website on line and a phone number and worked for a dental lab. They seen the website and fired me. Now im trying to get edd to help me but they have sided with my last job. I was denied benifits based on the fact that i had a website. At no time was i told i could nt have such site. And i lost the trust of the company with intent to injur or harm there bissness. How could this be right?
1 Answer from Attorneys
The law presumes that employees who do not work subject to a contract for a specific term of employment are terminable at the will of the employer, which means that most employers do not need a reason to fire an employee. They can do so just because they want to. Fair? No. Legal? Yes.
However, whether the basis for your termination amounts to gross misconduct is an issue for an administrative law judge to decide, based on the evidence you have the right to present at an appeal hearing. Make sure you file an appeal within the 20 day time period you have to do so, and be prepared to tell your side of the story.
Good luck.
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